Rajesh @ Chhunni Vs State of U.P. and Anr. — Allahabad HC (2020) — LawSathi Research

Rajesh @ Chhunni Vs State of U.P. and Anr. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing the charge-sheet and proceedings refused; application finally disposed of with directions that the applicant appear and surrender before the court below within 15 days and apply for bail, the bail application be decided expeditiously, and no coercive action be taken for 15 days or till disposal of the bail application, whichever is earlier; liberty reserved to seek discharge before the Trial Court.

Issue for consideration

Whether the charge-sheet dated 23.05.2018 and the entire proceedings of Case No. 180 of 2019 (State vs. Ram Lakhana and others), arising out of case crime No. 105 of 2018 under Sections 324, 323, 504 IPC, should be quashed against the applicant. +1 more

Court's answer

On the material on record and the facts of the case at this stage, it cannot be said that no offence is made out against the applicant.

Ratio / Principle

The submissions advanced at the bar relate to disputed questions of fact which cannot be adjudicated by this Court in exercise of power under Section 482 Cr.P.C.; the disputed defence of the accused cannot be considered at this stage.

Key takeaways

The prayer for quashing the proceedings is refused.ratio¶9
The applicant has a right of discharge under the provisions of the Cr.P.C. and is free to raise all his submissions in a discharge application before the Trial Court.ratio¶8
If the applicant appears and surrenders before the court below within 15 days and applies for bail, the bail application shall be considered and decided expeditiously in view of settled law laid by the Hon'ble Supreme Court.ratio

Detailed headnote1 paragraphs

Criminal misc. application under Section 482 Cr.P.C. (APPLICATION U/S 482 No. 1483 of 2020) by Rajesh @ Chhunni seeking quashing of charge-sheet dated 23.05.2018 and entire proceedings of Case No. 180 of 2019 (State vs. Ram Lakhana and others), arising out of case crime No. 105 of 2018 under Sections 324, 323, 504 IPC, Police Station Mangalpur, District Kanpur Dehat, pending before Additional Chief Judicial Magistrate-1st, Kanpur Dehat. Held (Suresh Kumar Gupta, J.): on the material on record it cannot be said that no offence is made out against the applicant; the contentions of non-disclosure of offence and mala fide prosecution rest on disputed questions of fact which cannot be adjudicated in exercise of Section 482 Cr.P.C. jurisdiction, the prima facie test being governed by R.P. Kapur v. State of Punjab (AIR 1960 SC 866), State of Haryana v. Bhajan Lal (1992 SCC (Cr.) 426), State of Bihar v. P.P. Sharma (1992 SCC (Cr.) 192) and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq (2005 SCC (Cr.) 283); the disputed defence of the accused cannot be considered at this stage. Prayer for quashing refused. Applicant left free to move a discharge application before the Trial Court where all submissions may be raised. Directed: if the applicant appears and surrenders within 15 days and applies for bail, the bail application be decided expeditiously; no coercive action for 15 days or till disposal of the bail application, whichever is earlier, failing which coercive action may follow. Application finally disposed of. Order date: 28.1.2020.

Court No. - 83

Case :- APPLICATION U/S 482 No. - 1483 of 2020

Applicant :- Rajesh @ Chhunni Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Devendra Pratap Singh,P.K. Singh Counsel for Opposite Party :- G.A.

Hon'ble Suresh Kumar Gupta,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This application under Section 482, Cr.P.C. has been filed for quashing the charge-sheet dated 23.05.2018 as well as entire proceedings of case No. 180 of 2019 (State vs. Ram Lakhana and others), arising out of case crime No. 105 of 2018, under Sections 324, 323, 504 IPC, Police Station Mangalpur, District Kanpur Dehat, pending in the court of Additional Chief Judicial Magistrate-1st, Kanpur Dehat.

The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 . The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge according to the provisions prescribed in Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

The prayer for quashing the proceedings is refused.

However, it is provided that if the applicant appears and surrenders before the court below within 15 days from today and applies for bail, then the bail application of the applicant be considered and decided expeditiously in view of the settled law laid by Hon'ble Supreme Court. For a period of 15 days from

today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 28.1.2020 v.k.updh.